SHANKAR LAL MEHARIWALA Vs. SATYA NARAYAN

JUDGEMENT

(1.) The petitioner has preferred this writ petition for the following reliefs:

(2.) The facts of the case in brief are that the father of respondents-applicants/landlord filed an application under Sec. 9(D)(E) and (J) of the Rajasthan Rent Control Act, 2001 for eviction of shop before the learned Rent Tribunal, Churu, wherein it was alleged that he had given his shop situated at Toshan Samriti Bhawan, Bagla Higher Secondary School, Churu to the petitioner/tenant on rent since April, 2009 @ Rs.388.00 per month. In the suit it was claimed that the tenant-petitioner without consent of landlord handed-over possession of the shop in-question to one Mahesh Kumar Agarwal, who is using it as a godown. The respondent-landlord gave notice in this regard but since vacant possession was not given, hence, legal proceedings were initiated. The respondent filed 'Kirayanama' dtd. 29/10/1978 and report of Assistant Commissioner, Commercial Taxes Officer, Churu dtd. 10/12/2008 alongwith his petition. The petitioner-tenant denied handing over possession to Mahesh Kumar by way of sub-letting. It was further averred that Mahesh Kumar is his son, who is helping him in his business and they are residing together as joint Hindu family and is doing business in the name of his son. The petitioner-tenant submitted that he has three shops and all the three shops are running under his guidance.

(3.) Counsel for the petitioner submits that sub-letting was a false presumption drawn by learned appellate court and actually no possession of shop in-question was never sub-let, thus, the petitioner-tenant was not amenable to eviction on the ground of sub-letting. The Rent Tribunal, Churu had in fact passed judgment in favour of petitioner on 5/1/2011, against which, an appeal was preferred by the landlord and eviction degree was passed by learned Appellant Rent Tribunal, Churu in favour of respondent-landlord vide judgment dtd. 8/10/2018. Counsel for the petitioner has relied upon the following judgments:-